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(영문) 대구지방법원포항지원 2016.01.14 2015가단305601

구상금

Text

1. The Defendant is jointly and severally and severally with the Plaintiff as to KRW 43,543,30 and KRW 39,696,314 among them, from July 22, 2011 to November 2012.

Reasons

1. Determination as to the cause of claim

A. 1) On May 6, 2010, the Plaintiff entered into a credit guarantee agreement with the Defendant and issued a credit guarantee agreement (hereinafter “credit guarantee agreement of this case”) which is the principal of the guaranteed principal of KRW 72 million, the term of guarantee, May 4, 2011, the general loan of the loan, and the counterpart branch of the Daegu Bank with the lending institution (hereinafter “credit guarantee agreement of this case”), and at the time, B guaranteed the Defendant’s obligation to the Plaintiff under the credit guarantee agreement of this case.

B) According to Article 35 of the Credit Guarantee Fund Act and Article 10 of the Credit Guarantee Agreement, when the Plaintiff performed the guaranteed obligation, the Defendant shall pay the amount of damages calculated by multiplying the performance amount of the guaranteed obligation and the amount of the guaranteed obligation by the rate determined by the Plaintiff from the date of repayment to the date of repayment from the date of payment of the guaranteed obligation, and the rate of damages shall be 15% per annum from the date of subrogation until November 30, 2012, and 12% per annum from the next day to the next day.

3) Under Article 34 of the Credit Guarantee Fund Act and Article 3 of the Credit Guarantee Agreement, when a person who received a guarantee fails to perform his/her principal obligation within the guarantee period, the Plaintiff partially recovered the amount of the subrogated payment and became 39,69,314 won, and the amount of damages for the recovery amount was 3,539,266 won. (4) Under Article 34 of the Credit Guarantee Fund Act and Article 3 of the Credit Guarantee Agreement, the Plaintiff shall pay the penalty in accordance with the rate and calculation method set by the Plaintiff. This is based on the rate set by the Plaintiff as to the balance of the principal obligation (guaranteed principal obligation) during the period from the day after the date of payment of the final guarantee fee to the day before the date of payment of the subrogated payment.

[Reasons for Recognition]